Pier Problem

[Freddieab]

Hi all,
My neighbour is having some work done in his garden similar to work I have planned for next year.
The problem is that he wants to concrete up to my boundary wall and some of the piers of the wall are ‘the wrong way round.
As I wish to replace the old wall with a fence I intended to put the posts, (X on the drawing), where the piers are to continue the line of the fence.
However, my neighbour, who accepts the piers are the boundary line, is not happy about losing the 10cm gap between the piers but only inside the gate. Outside in the front he does not mind!
I hope the drawing and photos help.
This is my wall and not a party wall and is not in dispute.

[Freddieab]

Some more pics.

[arborlad]

Is this the same wall? viewtopic.php?t=10993

[Freddieab]

Yep. Left it last time as I didnt really get an answer.
But this is slightly different. I am not trying to claim a few inches as before.
I just want to put a fence up with posts in line with, and no further out, than the face of the existing piers.
As my neighbour has instigated this with his current works I want to clarify as it may prevent me putting up the new fence.

[mr sheen]

That boundary wall has been in situ a long time so is the boundary feature as is.
You can do whatever you want with land on your side of the wall, equally the neighbour can do whatever he wants on his side of the wall as it stands.

You could try working together with the neighbour to replace the wall with a fence before he carries out works but he is not obliged to co-operate.

[Freddieab]

Thanks for the replies so far but what I really want to know is:-

1. Can I take down the wall and replace it with a fence or do I need permission?
2. Can I put the fence posts in line with the outer face of the pier?

I have spoken to the neighbour and he is happy for me to do it in the front garden but not at the side of my house.
I have no problem with what he does on his property and I am covering all the work for the new fence.

[mr sheen]

You surely cannot be expecting definitive answers to those questions from a Discussion Forum??!! No one here has access to all the relevant documents for both properties to give definitive answers about action you can legitimately take. And from previous thread it looks like this is a long standing dispute.

If the neighbour objects to the removal of part of a wall then you will need to prove to him with evidence that you solely own the wall and the land it stands on and he may accept the evidence or he (or you) may suggest that a joint surveyor is engaged and that you both agree beforehand to accept the surveyor's findings.

[Freddieab]

Not sure I asked for a definitive answer but being as I am not legally trained, or a surveyor, I thought I might get some indication on how to proceed by discussing my situation on here. I hoped that those on here that are far more knowledgable about these matters than I might offer advice before I consider engaging the services of legal representation.

The second part of your reply does offer useful information however the first part is a tad condescending.

There is no dispute over ownership of the wall. He accepts it is my wall on my land. He just does not want me to replace it with a fence.

The previous thread is regarding the position of the wall in relation to the assumed boundary. I have accepted that it would not be beneficial to pursue that.

This thread is about replacing a wall, the same wall, with a fence in the same place that the wall is now. It is not a party wall and the neighbour accepts its my wall on my land.

[arborlad]

Thanks for the replies so far but what I really want to know is:-

1. Can I take down the wall and replace it with a fence or do I need permission?
2. Can I put the fence posts in line with the outer face of the pier?

I have spoken to the neighbour and he is happy for me to do it in the front garden but not at the side of my house.
I have no problem with what he does on his property and I am covering all the work for the new fence.

What type of fence are you considering?....................there does seem to be room for a bit of compromise here.

[mr sheen]

"Th ere is no dispute over ownership of the wall. He accepts it is my wall on my land. He just does not want me to replace it with a fence."



In that case .....what's the problem?
If he accepts your wall, your land.....then what he 'wants' is irrelevant.

[mugwump]

You may own the wall, BUT do you own the LAND between the piers on the neighbours side?

[Freddieab]

Arborlad - Thanks, all I am hoping for.

Mrsheen - Thanks, thats what I wanted to know.

Mugwump - He does not dispute it.

[MacadamB53]

"Th ere is no dispute over ownership of the wall. He accepts it is my wall on my land. He just does not want me to replace it with a fence."



In that case .....what's the problem?
If he accepts your wall, your land.....then what he 'wants' is irrelevant.

the problem is the OP wants to site the fence posts on land where the piers currently stand - which means the fence between some of these posts will stand on the neighbour’s land because some of the piers are on the “wrong” side of the wall.

obvious solution would be to erect a fence along the line of the wall - ignoring the piers (not sure why the OP doesn’t propose this anyway?!?)

kind regards, Mac

[mr sheen]

I agree Mac - the plan of the fence appears to show panels on the neighbours land ....that would be a no-no

Unless the 2 parties agree to the proposed fence then it has to go on land wholly owned by OP and he claims wall and land on which wall stands is owned by him and neighbour accepts this so fence where wall is appears to be the only answer if a dispute is to be avoided.

[ukmicky]

Any area of land in-between the piers on your neighbours side is owned by your neighbour.